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R-7342 e e CA:RMM:lamr024 City council Meeting 11 ~ ~ Santa Monica, California Resolution Number 7342(CCS) (city Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PERTAINING TO MINIMUM INSURANCE REQUIREMENTS FOR COMMERCIAL OPERATORS AT THE SANTA MONICA AIRPORT WHEREAS, the Ci ty Council of the ci ty of Santa Monica adopted Ordinance Number 1326 (CCS) on January 22, 1985; WHEREAS, said Ordinance Number 1326 (CCS) added sections 10101 and 10102 to Chapter 1 of Article X of the Santa Monica Municipal Code; WHEREAS, Santa Monica Municipal Code Section 10101 requires persons conducting commercial activities at the Santa Monica Airport to obtain an Operations Permit and Section 10102 sets forth standards and procedures applicable to such Operations Permits (lIpermitU); WHEREAS, an applicant for a Santa Monica Airport Operations Permit is required to furnish proof of such insurance as may be set forth by City council ReSOlution, WHEREAS, the City Council de,sires to set minimum standard insurance requirements applicable to all applicants for Santa Monica Airport Operations permits; - 1 - e e NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Authority. Pursuant to Sections 10101 and 10102 o~ the Santa Monica Municipal Code, this Resolution sets forth insurance requirements for commercial operators at Santa Monica Airport. SECTION 2. Insurance Requirements for Full Service Fixed Base Operators. Prior to commencement of any occupancy, operations or activities at the Santa Monica Airport pursuant to a Full Service Fixed Based operator permit, Permittee shall, at its sole cost and expense, and for the full term of this Permit including any renewals thereof, obtain and maintain the following minimum insurance amounts except as provided otherwise pursuant to any written agreements executed by City which pertain to occupancy, operations and activities located on Airport Premises. (a) A comprehensive airport liability policy with a minimum limit of not less than $5 million combined single limit for bodily injury and property damage, covering at least all of the following: 1. Premises Operations 2. Airport Operations 3. Premises Medical a. Minimum limit of $1,000/10,000 4. Completed Operations - 2 - e e 5. Products 6. Personal Injury 7. contractual Liability 8. Fire Legal Liability with a minimum limit of $100,000. 9. Fueling, defueling or refueling operations with a minimum limit ot FIVE MILLION DOLLARS ($5,OOO,OOO) if such operations are conducted by the Permittee, or its officers, agents or employees. (b) A business auto policy with a m.inimum limit of not less than ONE MILLION DOLLARS ($l,OOO,OOO) combined single limit for bodily injury and property damage, providing at least all of the following: 1. Coverages shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in pursuit at any of the activities associated with this Permit. 2. Any and all mobile equipment including cranes not covered under the above Comprehensive Business Auto policy shall have said coverage provided for under the General Liability pOlicy. (0) An aircraft liability- policy which shall provide coverage for all aircraft owned, leased or operated by Permittee, and which shall include but not necessarily be limited to the - 3 - e e following coverage and minimum limits of liability for bodily injury and property damage: 1. FIVE MILLION DOLLARS ($S,OOO,OOO) combined single limit for bodily injury and property damges. (d) Hanqarkeepers' legal liability coverage with a minimum. of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence and FIVE MILLION DOLLARS ($S, 000, 000) aggregate or based on the value of the aircraft stored or to be stored inside the hangar. (e) Worker's Compensation policy written in compliance with the laws of the state of California and providing coverage for any and all employees of Permittee: 1. This policy shall also provide coverage for $100,000 Employers' Liability. SECTION 3. Insurance Requirements For Specialty and Limited Fixed Base Ooerators and Other Commercial Operators With Aviation Exposure. Before commencement of any occupancy or activities under a Permit For Specialty and Limited Fixed Base Operators and Other Commercial Operators with Aviation Exposure, Permittee shall, at its sole cost and expense, and for the full term of this Permit including any renewals thereof, obtain and maintain the following minimum insurance unless preexisting or subsequent leases or contracts between City and Permittee specify otherwise. - 4 - e e (a) A comprehensive airport liability policy with a minimum limit of not less than THREE MILLION DOLLARS ($3,000,000) combined simgle limit for bodily injury and property damage, covering at least all of the following: 1. Premises Operations 2. Airport operations 3. Premises Medical a. Minimum limit of $1,000/10,000 4. Products/Completed Operations 5. Personal Injury 6. Fire Legal Liabil i ty with a minimum limit of $100,000 7. Contractual Liability (b) If required by the Airport Director, an Aircraft liability policy which shall include but not necessarily be limited to the following coverage and carry at least the following minimum limits of liability for bodily injury and property damage: 1. THREE MILLION DOLLARS ($J,OOO,OOO) combined single limit for charter for bodily injury and property damage. - 5 - e e (c) If required by the Airport Direcotr, a hangarkeeper's liability policy with a minimum of not less than SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) per occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate, or based on the value of aircraft stored or to be stored inside the hangar. (d) A business auto policy with a minimum limit of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following: 1. Coverages shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in pursuit of any of the activities associated with this Permit. 2. Any and all mobile equipment including cranes not covered under the above comprehensive business auto policy shall have said coverage provided for under the comprehensive general liability policy. ee) A Worker's Compensation policy written in compliance with the laws of the State of California and providing coverage for any and all employees of Permittee: 1. This policy shall also provide coverage for $100,000 Employers' Liability (Coverage B). SECTION 4. Insurance Reauirements For Commercial Operators Without Aviation Exposure. Before commencement of any occupancy, operations or activities under a Permit For Commercial Operators - 6 - e e Without Aviation Exposure, Permittee shall, at its sole cost and expense, and for the full term of this Permit including any renewals thereof, obtain and maintain the following minimum insurance unless preexisting or subsequent leases or contracts between the City and Permittee specify otherwise. (a) A general liability policy with a minimum limit of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit for bodily injury and property damage, covering at least all of the following: . 1. Premises Operations 2. Premises Medical a. Minimum limit of $1,000/10,000 3. Products/completed Operations 4. Personal Injury 5. Fire legal Liability with a minimum limit of $100,000 6. Contractual Liability (b) A business auto policy with a minimum limit of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following: 1. Coverages shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in - 7 - e e pursuit of any of the activities associated with this Permit. 2. Any and all mobile equipment, including cranes not covered under the above comprehensive business auto policy shall have said coverage provided for under the comprehensive general liability policy. (e) A worker's Compensation policy written in compliance with the laws of the state of California and providing coverage for any and all employees of Permittee: 1. This policy shall also provide coverage for $100,000 Employers' Liability. SECTION 5. All of the following endorsements are required to be made a part of each policy of insurance required by this Resolution: (a) liThe City of Santa Monica, its city Council, boards & commissions, officers, employees, agents, and contractors are hereby named as additional insureds." (b) IIThis policy shall be considered primary insurance as respects any other valid and collectible insurance the City of Santa Monica may possess, including any sel f- insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance only. I' Cc) "This insurance shall act for each insured, and additional insured as though a separate policy had been written - 8 - e e for each. This, however, will not act to increase the limit of liability of the insuring company." Cd) "Thirty (30) days prior written notice shall be given to the City of Santa Monica in the event of cancellation and/or reduction in coverage of any nature. Such notice shall be sent to: "city of Santa Monica 3200 Airport Avenue Santa Monica, California 90405 Attention: Airport oirectorU This endorsement is the only endorsement required to be made a part of Employers' Liability policy. (e) The Insurance company issuing the policy or policies shall have no recourse against the City of Santa Monica for payment of any premiums or for assessments under any form of policy. el) Any and all deductibles in the above shall be assumed by and be for the account of, and at the sole risk of the Permittee. (q) "Subrogation waiver - Permittee agrees that in the event of a loss due to any of the perils for which it has agreed to provide insurance, that Permittee shall look solely to its insurance for recovery. Permittee hereby grants to City on behalf of any insurer providing in~urance to either Permittee or city , with respect to the acti vi ties of Permittee hereunder, a waiver of any right of subrogation Which any such insurer of - 9 - It e Permittee may acquire against city by virtue of the payment of any loss under said insurance. SECTION 6. Copies of all required endorsements are to be attached to the certificate of insurance which shall be provided by the Permittee's insurance company as evidence of the stipulated coverages. This proof of insurance shall be mailed to: City of Santa Monica 3200 Airport Avenue Santa Monica, California 90401 Attention: Airport Director SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~ '--. \.-- -0- ROBERT M. MYERS city Attorney lamr024/hpw - 10 - e e I hereby certify that camber, 1986. Adopted and approve Resolution No. 7342CCCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on December 9, 1986 by the following Council vote: Ayes: Councilmembers: Finkel, A. Katz, H. Katz, Zane and Mayor Conn Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Jennings and Reed ATTEST: ~~.~ City elerk